Spam and telemarketing enforcement actions | ACMA

Spam and telemarketing enforcement actions

2019

Telemarketing

  • May—the ACMA issued Utility Hub Pty Ltd with a formal warning following an investigation that found it breached its obligations under the Telecommunications (Telemarketing and Research Calls) Industry Standard 2017, by failing to give the name of the company making the call. 
  • February—the ACMA issued Ticketek Pty Ltd with a formal warning following an investigation that found it had sent email marketing after consumers had withdrawn consent. 
  • February—the ACMA issued PreLegal Pty Ltd with a formal warning following an investigation that found it had made telemarketing calls to numbers on the Do Not Call Register without consent, or after consent had been withdrawn.

Spam

  • May—the ACMA issued Mill Estate Holdings Pty Ltd with a formal warning following an investigation that found it sent marketing emails without consent and without an unsubscribe facility. 
  • April—Brand Link Media Pty Ltd paid a $12,600 infringement notice following an ACMA investigation that found it had sent commercial electronic messages without the consent of consumers. The ACMA also accepted a court-enforceable undertaking from the company detailing its commitments to improve compliance with the Spam Act.

2018

Telemarketing

  • November—Primus Telecommunications Pty Ltd paid a $8,400 infringement notice following an ACMA investigation that found that it had made telemarketing calls after consent had been withdrawn.
  • November—Dodo Services Pty Ltd was given a formal warning following an ACMA investigation that found that it had made telemarketing calls after consent had been withdrawn.
  • November—Foxtel Management Pty Limited paid a $25,200 infringement notice following an ACMA investigation that found that it had breached the telemarketing laws. The ACMA found that Foxtel continued to sell its products and services during calls after consumers indicated they wanted to end the calls, and that Foxtel did not have adequate contractual arrangements in place with a call centre it used.  
  • November—Premium Flight Club Pty Ltd was issued a formal warning following an ACMA investigation, which found that it had breached the Do Not Call Register Act 2006 (DNCR Act) by causing one or more telemarketing calls to be made to numbers on the Register without consent.
  • October—iSelect Limited paid a $8,400 infringement notice following an ACMA investigation that found that it had made telemarketing calls after consent had been withdrawn. 
  • September—Lead My Way Pty Ltd paid a $285,600 infringement notice following an ACMA investigation that found it had breached the DNCR Act by calling numbers on the DNCR. The investigation identified that Lead My Way was not checking all numbers it called against the DNCR.
  • August—ReachTel Pty Ltd was issued a formal warning following an ACMA investigation that found ReachTel had made one or more research calls after 8.30 pm on a weekday, in breach of the Telecommunications (Telemarketing and Research Calls) Industry Standard 2017.
  • May—Eco Star Double Glazing Pty Ltd paid a $25,200 infringement notice following an ACMA investigation that found it had breached the DNCR Act by calling numbers on the DNCR. Eco Star had initially obtained consent for its telemarketing activities, but the consent had lapsed for a majority of the numbers called.
  • March—Allied Construction and Roofing Pty Ltd paid a $21,600 infringement notice following an ACMA investigation that found it had breached the DNCR Act by failing to obtain consent to call numbers on the DNCR.
  • January—Instyle Solar Pty Ltd paid a $10,800 infringement notice following an ACMA investigation that found it had breached the DNCR Act by failing to obtain consent to call numbers on the DNCR.

Spam

  • September—Force Industries Pty Ltd was issued a formal warning, after an ACMA investigation found it had sent one or more marketing emails without consent, in breach of the Spam Act 2003 (Spam Act).
  • July—Service Seeking Pty Ltd paid a $50,400 infringement notice following an ACMA investigation that found it had breached the Spam Act by sending SMS messages without consent, for failing to clearly identify who authorised them and for not including an unsubscribe statement.
  • July—Ms Helen Woods, trading as the Australian College of Administration, was issued a formal warning after an ACMA investigation found it had sent one or more marketing emails without consent, in breach of the Spam Act.
  • May—A financial services business, formerly trading as ‘We Fix Credit, was issued a formal warning after an ACMA investigation found it had sent one or more marketing emails without consent, in breach of the Spam Act.

2017

Spam

  • November—TPG Internet Pty Limited paid a $360,000 infringement notice following an ACMA investigation that found it had breached the Spam Act by sending SMS messages to consumers who had withdrawn their consent by unsubscribing.
  • October—ValueAd Marketing Pty Ltd was issued a formal warning by ACMA for breaching the Spam Act by sending commercial electronic messages, which did not include clear and accurate contact details.
  • July—Careers Australia Group Limited was issued a formal warning by ACMA for breaching the Spam Act by sending SMS messages, which did not include clear and accurate identification of the authoriser of the messages, accurate authoriser contact details, or an unsubscribe facility.    
  • July—Upside.Digital Pty Ltd paid a $39,600 infringement notice, following an ACMA investigation that found that it sent marketing messages in contravention of the Spam Act. The ACMA also accepted an enforceable undertaking from Upside.Digital to address the ACMAs compliance concerns.

 

2016

Telemarketing

  • August—Charterhurst Agencies Pty Ltd was issued a formal warning following an ACMA investigation, which found it had breached the DNCR Act by calling numbers on the DNCR without consent.
  • June—Getaway Escapes Pty Ltd—the Federal Court ordered Getaway Escapes to pay penalties of $150,000 for 5,293 telemarketing calls made to numbers on the DNCR, and a further $150,000 for making telemarketing calls between July 2013 and 18 March 2014 without displaying the number of the caller, in breach of the Industry Standard.
  • June—Jo Day (Getaway Escapes Pty Ltd)—the Federal court found that Ms Day (Director of Getaways Escapes) was knowingly concerned in, or a party to, contraventions made by Getaway Escapes (see above). The Federal Court ordered Ms Day to pay penalties of $12,500 for the DNCR Act breaches and $12,500 for the Industry Standard breaches.
  • June—Easymeals by Flavour Makers Pty Ltd —paid an infringement notice for $13,600, following an ACMA investigation, which found it had breached the DNCR Act by calling numbers on the DNCR without consent.
  • April—Premium Finance Services Pty Ltd paid an infringement notice for $34,000 following an ACMA investigation, which found it had breached the DNCR Act by engaged and call to center to make calls on its behalf to numbers on the DNCR without consent.

Spam

  • May—J & L Mainwaring (oneofthebest.com.au) Pty Ltd paid a $21,600 infringement notice, following an ACMA investigation that found that it sent marketing messages that did not comply with the Spam Act.

Enforcement actions before 2016 are available in the ACMA enforcement action archives.

Further information:

Last updated: 08 May 2019